Criminal Defense Lawyer for Assault Charges

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If you’ve been arrested for an assault in Westchester County or New York City, the time is now to call a skilled criminal defense lawyer. You probably have a lot of questions and want answers now. That is what we are here for. 

The first consultation is always free. That means you can give us a call right now with no strings attached. We answer 24/7. 

Call The Law Office of Michael J. McConnell now for a free consultation. Get the answers you need and the strong defense you deserve. 

Michael J. McConnell is a criminal defense attorney who prides himself on being a relentless advocate for his clients. He takes a proactive approach to cases by conducting his own independent investigation into every case instead of relying on the version of the events claimed by the alleged victim and police.  

As a former Manhattan prosecutor, he has firsthand knowledge, training, and experience handling assault cases ranging from misdemeanors to serious violent felonies. He knows how these cases are often built, and he knows where to find the weaknesses. 

Now as a criminal defense attorney located in Westchester County, he uses that knowledge to defend his clients against assault charges. Whether you’re charged with Assault in the 3rd Degree for a fist fight outside of a bar or charged with Assault in the 1st Degree for seriously injuring someone with a weapon, Michael J. McConnell is ready to fight for you. 

Assault charges in New York can range from a misdemeanor to a serious violent felony depending on the facts:

• Assault in the Third Degree (Misdemeanor)
• Assault in the Second Degree (Felony)
• Assault in the First Degree (Felony)

The level depends on:

• Whether the injury is physical injury or serious physical injury
• Whether there was intent
• Whether a weapon was involved
• The status of the alleged victim (police, medical worker, elderly person, etc.)
• Whether the conduct was reckless or intentional

Understanding the difference matters, because each level carries different penalties and defenses.

New York law separates injuries into two categories:

Physical Injury: This means substantial pain or impairment of physical condition. Under the law, even if an injury looks small, the prosecutor may argue it counts if the pain was real and significant.

Serious Physical Injury: This is a much higher level of injury. Serious physical injury typically means:

• A risk of death
• Prolonged loss of function
• Permanent scarring or disfigurement
• Long-term injury
• Permanent impairment of any organ or body part

Because this definition is strict, expert medical testimony is sometimes needed.

A strong defense lawyer can challenge the injury classification. This alone can reduce a felony to a misdemeanor or lead to a dismissal.

This is the lowest level assault charge in New York. It is a Class A misdemeanor.

A person may be charged when:

• They intend to cause physical injury and do cause injury
• They act recklessly and cause physical injury
• They cause injury with criminal negligence using a weapon

Penalties for Assault in the Third Degree may include:

• Up to 364 days in jail
• Three years probation
• Fines
• Orders of protection
• A permanent criminal record

Even though this is a misdemeanor, it is still serious. It can affect employment, immigration status, and professional licenses.

Assault in the Second Degree is a Class D felony, and it is far more serious.

It may apply when:

• Someone intends to cause serious physical injury and does so
• Someone uses a deadly weapon or dangerous instrument
• The alleged victim is a protected class (police officer, teacher, transit      worker, medical worker, elderly person, etc.)
• Someone recklessly causes serious physical injury with a weapon
• Drugs or substances are used to harm a person
• Injury occurs during the attempt or commission of a felony

Felony assault charges can lead to:

• 2 to 7 years in state prison for first-time offenders
• Higher sentencing ranges for those with prior violent or felony convictions
• Long probation terms
• Heavy fines
• Permanent felony record
• Loss of rights (firearms, professional licenses, etc.)

This is one of the most serious violent felony charges in New York. It is a Class B violent felony.

It applies when:

• There was intent to cause serious physical injury with a deadly weapon
• There was an intent to cause permanent disability or disfigurement
• The conduct involved depraved indifference to human life
• The injury happened during the commission of another felony

Possible penalties include:

• 5 to 25 years in state prison for first-time offenders (the minimum can be higher for repeat felony offenders)
• Long-term post-release supervision
• Lifetime consequences impacting employment, housing, licenses, rights, etc.

There is no doubt that a felony-level assault charge in New Yok requires immediate legal action. The earlier a defense lawyer gets involved, the better the chance to challenge evidence, negotiate early, or prevent indictment.

Call the Law Office of Michael J. McConnell right now at (914) 810-0510 if you’re facing felony assault charges in Westchester or NYC. 

Not every assault case ends in a conviction. Many defenses could apply depending on facts, evidence, and circumstances.

Some common defenses include:

• Self-defense
• Defense of others
• Lack of intent
• Accident
• Mutual combat
• Defense of property
• Lack of injury or disputed injury classification
• Mistaken identity
• False accusations
• Violation of rights (illegal arrest, improper questioning, missing Miranda warnings)

Every case is different. A strong defense starts with evidence. At the Law Office of Michael J. McConnell, we will always conduct our own investigation into what happened so that the police and prosecutors don’t get to pick whatever story suits them best. 

Self-defense is one of the most powerful and most common defenses in assault cases.

Under New York law, a person may use physical force when they reasonably believe it is needed to protect themselves or another person from unlawful physical force.

However, the force used must match the threat. For example:

• You cannot use deadly force to respond to a slap.
• But you can use deadly force if you reasonably believe you are facing deadly force.

Self-defense cases often depend on:

• Video evidence
• Witness statements
• Physical evidence
• What was said during the event
• The presence of injuries on the defendant

A skilled criminal defense lawyer can show the jury that the level of force used was necessary under the circumstances. 

Evidence can make or break an assault case. Important evidence may include:

• Surveillance video
• Cell phone video or photos
• Police body camera recordings
• Medical records
• Text messages, social media posts, or voicemail threats
• Witness statements
• 911call recordings
• Prior aggression or threats made by the alleged victim

A defense lawyer who moves fast can help secure evidence before it disappears. This is why at the Law Office of Michael J. McConnell we take great pride in being proactive, especially in assault cases. We don’t sit around and wait for the police and prosecutors to give us the results of their so-called “investigation” that is all too often a product of their own rush to judgment and refusal to actually seek out the truth. 

Police will often try to get you to talk. They may say:

• “We just want your side.”
• “If you tell us what happened, we can put in a good word for you with the      prosecutor and judge.”

These are tricks by the police. They are almost never true. (Especially the ridiculous one of “putting in a good work with the judge.” That is so ridiculous, yet the police use that line all the time!)

Put simply: Anything you say can and will be used against you. The cops will twist and turn your words against you to fit their preferred narrative. 

You should remain polite, but firm: “I am invoking my right to remain silent. I want a lawyer.” Then stop talking.

If you think charges are coming, hiring a lawyer early may help:

• Prevent an arrest depending on the circumstances (e.g., convincing the detective      that there is a lack of probable cause)
• Arrange a voluntary surrender instead of a public or aggressive arrest
• Stop unlawful police questioning
• Preserve evidence
• Contact witnesses before stories change
• Communicate with prosecutors early so that they know there is more to the story than      what the alleged victim is claiming happened 
• Present evidence to prevent higher-level charges or indictment

Sometimes, early intervention prevents charges completely while other times it may simply reduce the level of the charges or get the momentum rolling on budling a strong defense from day one. The key is to get on the phone with a trusted criminal defense lawyer immediately if you’ve been contacted by the police regarding an alleged assault. 

In other words, why wait to ensure your rights are protected? Give us a call right now for a free consultation before you speak with the police or turn yourself in.